The Analysis Of The Rights Of Human Organs

The so-called human organ rights, refers to the legal rights granted to its organs in accordance with the natural person that enjoys not influenced by others violations of rights and independent control. Human rights are the modern high development of biotechnology fuelled product, and the formation process of human organs rights are increasingly materialization process of human organs. So that, this can be regarded as the contemporary in civil right object's expanding a microcosm. The generation and development of organ transplant technical make human beings can separate their organs from body harmlessly, and they are used to saving and medical research purposes. Human beings on the use of resource from outside extended into human itself. Traditional civil middleman and material, subject and object closely guarded, remained largely distinct theoretical affected. Due to concurrently hold personality and physical attributes, human organs cannot be adjusted by either body right or property. Being put forward the rights of human organs finds the final destination for it, and provides right source for humans to govern their own organs reasonably.In the paper, I mainly analyzed the right of human organs by basing on several relevant organ-donation hot cases. Firstly, with the focus of controversy for the relevant cases, I analyzed the necessity of human organ rights and its theoretic foundation, introduced the rights of human organs of legislation in China, then I emphatically discussed the human organs from the civil law aspect. In the first place, I positioned the legal attribute while human organs in different life conditions. It is the presupposition of studying human organ rights, also the key and difficult point which this paper discussed. After explicating the binary attribute of human organs, I analyzed the subject, object, and scope of the human organs rights from the perspective of the right elements, and the emphasis was human organs donation and sale of human organs which are the two kinds of humans exercising their rights actively. Finally, I came to the practical significances of rights of human organ, that correspond with the case focus of controversy.Human organ donation and human organ transplant are in relation to all mankind. And this involves law ethical, moral and other aspects of problems. But the current legal system does not give a good answer to this dispute above human and object which caused by phenomenon of human organs becoming object. Human organs rights, as the basis for these behaviors, called for further improving the legislation related, in order to better safeguard the lawful rights and interests of citizens.